Chapter 8.58 — DEFENSIBLE SPACE AND HAZARDOUS FUEL MANAGEMENT

This chapter shall be known as the "defensible space and hazardous fuel management ordinance" of the town.

(Ord. No. 642, § 1, 2-11-2025, eff. 3-13-2025; Ord. No. 581, § 1, 11-12-2019)

A.

The town council finds and declares that the uncontrolled growth and accumulation of weeds, grasses, hazardous vegetation and combustible materials or obstructions on sidewalks, streets, and on lands or lots within the town are dangerous or injurious to neighboring property and the health, safety and welfare of the citizens, residents and visitors of the town community. Such growth and accumulation constitute a public nuisance in that they create fire hazards, reduce the value of private property, and create a hazard to the health, safety and general welfare of the public.

B.

The town is located within a designated very high fire hazard severity zones (VHFHSZ) in which the vegetation is highly flammable during dry periods and has contributed to significant wildfires resulting in catastrophic fire losses to life, property and the environment.

C.

This chapter is intended and shall apply to the abatement of the growth and/or accumulation of weeds, grasses, shrubs, brush, slash, tree limbs, hazardous vegetation and combustible materials on all improved parcels and designated unimproved parcels within the town and the maintenance of those parcels to prevent hazardous vegetation from growing back.

D.

The purpose of this chapter is to establish defensible space requirements and wildfire mitigation measures that both supplement and supersede Government Code section 51182 and Public Resource Code section 4291, California Code of Regulations, and California Fire Code in order to protect the lives and property of the citizens, residents and visitors of the town.

(Ord. No. 642, § 1, 2-11-2025, eff. 3-13-2025; Ord. No. 581, § 1, 11-12-2019)

The terms used in this chapter shall have the following meanings:

"Combustible material" means seasonal and recurrent weeds, stubble, brush, dry leaves, mulch, wood, tumbleweeds, rubbish, recyclable material, litter, or flammable materials of any kind.

"Defensible space" means an area, either natural or man-made, where material capable of allowing a fire to spread unchecked has been treated, cleared, or modified to slow the rate and intensity of an advancing wildfire and to create an area for fire suppression operations to occur.

"Fire hazard severity zones (FHSZ)" means geographical areas designated pursuant to California Public Resources Code sections 4201 through 4204 and classified as very high, high, or moderate in state responsibility areas (SRA) or as local responsibility agency very high fire hazard severity zones (LRA VHFHSZ) designated pursuant to California Government Code sections 51175 through 51189.

"Fuel break" means a strategically located area where the volume and arrangement of vegetation has been managed to limit fire intensity, fire severity, rate of spread, crown fire potential, and/or ember production as follows:

Weeds, grass, and brush mowed and removed to a maximum height of four (4) inches.

Remove ladder fuels and dead portions of trees and shrubs.

Trees shall be pruned six (6) feet from the ground. Pruning shall be one-third (⅓) of the overall height for shorter-height trees.

Remove downed trees and slash.

"Fuel modification" means a method of modifying fuel load by reducing the amount of flammable vegetation or altering the type of vegetation to reduce the fuel load.

"Groupings" means numerous plants growing together with a maximum foliage width of ten (10) feet.

"Hazardous vegetation" means vegetation that is flammable and endangers the public safety by creating a fire hazard, including but not limited to seasonal and recurrent weeds, stubble, brush, dry leaves, etc.

"Improved parcel(s)" means a portion of land of any size, the area of which is determined by the assessor's maps and records and may be identified by an assessor's parcel number upon which a structure is located.

"Ladder fuels" means vegetation, brush, small trees under mature trees.

"Ornamental landscape" means all grasses, plants, trees and other vegetation installed by a property owner, property tenant, etc. It is usually for aesthetic purposes or privacy screening.

"Person" means a person, partnership, limited partnership, corporation, limited liability company or association.

"Property owner" means the holder of the fee simple title of the property.

"Slash" means tree limbs and other woody material left behind after a tree has fallen or been felled.

"Structure" means any dwelling, house, garage, or building.

"Unimproved parcel(s)" means a portion of land of any size, the area of which is determined by the assessor's maps and records and may be identified by an assessor's parcel number upon which no structure is located.

"Wildland-urban interface (WUI) area" means that geographical area where structures and other human development meet or intermingle with wildland or vegetative fuels.

(Ord. No. 642, § 1, 2-11-2025, eff. 3-13-2025; Ord. No. 581, § 1, 11-12-2019)

This chapter, including any amendments or revisions thereto, shall apply to all improved and unimproved parcel(s) located within the town.

(Ord. No. 642, § 1, 2-11-2025, eff. 3-13-2025; Ord. No. 581, § 1, 11-12-2019)

The fire chief, or his or her designee, shall administer, implement, and enforce the provisions of this chapter.

(Ord. No. 642, § 1, 2-11-2025, eff. 3-13-2025; Ord. No. 581, § 1, 11-12-2019)

A.

Any person that owns, leases, controls, operates, or maintains any real property in the town shall continuously do the following:

Maintain immediately around and adjacent to any building or structure free of combustible materials. Only noncombustible material shall be allowed within five (5) feet of any building or structure. No vegetation shall exist within or overhang within five (5) feet of the structure. Any overhanging limbs or branches shall be removed.

All exterior walls shall have a six (6) inch noncombustible vertical clearance from grade.

Combustible materials shall not be stored under decks, and the area under decks shall be maintained free of combustible material. Decks or porches four (4) feet or less above the grade shall be fully enclosed to reduce the accumulation of debris with noncombustible wall material. Noncombustible, corrosion-resistant mesh material with openings not to exceed one-eighth (⅛) inch may be used.

All fencing material within five (5) feet from any structure and shall be constructed of noncombustible material. All fencing shall be a single line; back-to-back fencing is not permitted in which fences are nominally parallel and spaced less than three (3) feet apart.

Maintain the roof of a structure free of leaves, needles, or other combustible materials.

Replace or repair any loose or missing shingles or roof tiles to prevent ember penetration.

Provide and maintain a screen over the outlet of every chimney or stovepipe attached to any fireplace, stove, or other device that burns any solid or liquid fuel. The screen shall be constructed of noncombustible, corrosion-resistant material with openings no larger than one-half (½) inch.

Remove the portion of any tree that extends within ten (10) feet of the outlet of any chimney or stovepipe. Maintain any tree adjacent to or overhanging any structure free of dead and dying wood.

Tree placement shall be planned to ensure the mature canopy is no closer than five (5) feet to the edge of the structure.

According to the State Board of Forestry and Fire Protection General Guidelines, trees and shrubs shall be limited to groupings following the property's slope. This does not apply to single tree specimens, ornamental landscape, or similar plants used as ground cover, provided they do not form a means of rapidly transmitting fire from the native growth to any structure.

Property owners are required to establish and maintain a fuel break on both sides of any street or driveway. This fuel break shall extend horizontally to ten (10) feet and reach a vertical clearance of fourteen (14) feet. The fire chief or their designee may require greater distance. This regulation applies to public and private driveways and any public or private streets that border or bisect a property.

All unattached accessory structures shall be a minimum of ten (10) feet away from any other structures.

B.

Property owners shall not permit any accumulation of combustible materials within fifty (50) feet of the property line. The fire chief or their designee may require a distance greater than fifty (50) feet when it is determined that the greater distance is necessary to provide defensible space for structures on an adjacent property.

C.

Parcels one and one-half (1½) acres or less in size shall be required to provide a fuel break to include the entire parcel.

D.

Parcels greater than one and one-half (1½) acres in size shall be required to maintain a fuel break a minimum of fifty (50) feet from the property line around the perimeter and one hundred (100) feet from any

structure.

E.

In the event the fire chief or their designee finds that additional fuel management is necessary to significantly reduce the risk of transmission of flame or heat to adjacent properties and means of egress and ingress, the fire chief or their designee may mandate fuel modification of an area more or less than the preceding widths or heights of this section.

F.

Grazing animals (limited to goats and/or sheep) utilized for weed abatement may graze open and other appropriate areas of natural vegetation for a period not to exceed sixty (60) days in a calendar year.

G.

Prior to transferring ownership of a parcel from a seller to a buyer or from one owner to another, the seller or owner shall first obtain a certificate of compliance from the town stating that the parcel is not in violation of this section prior to the transfer of ownership. Any issued certificate of compliance shall remain valid for ninety (90) days from the inspection date and may be used to open escrow without payment of an additional certificate of compliance fee.

(Ord. No. 642, § 1, 2-11-2025, eff. 3-13-2025; Ord. No. 617, § 1, 5-10-2022, eff. 6-9-2022; Ord. No. 614, § 1, 12-14-2021, eff. 1-13-2022; Ord. No. 609, § 1, 7-13-2021; Ord. No. 597, § 1, 9-8-2020; Ord. No. 581, § 1, 11-12-2019; Ord. No. 618, § 1, 6-14-2022)

A.

The town council shall establish and appoint an exceptions committee.

B.

The exceptions committee shall consist of two (2) town council members.

C.

The purpose of the exceptions committee shall be to review and refer cases to the town council for review and potential approval regarding written requests for exceptions to this chapter.

D.

The requests shall be in writing and accompanied by data and documents, as required by the exceptions committee.

E.

The town council may, by majority vote and in its sole discretion, authorize exceptions to the terms of this chapter as recommended by the exceptions committee.

(Ord. No. 642, § 1, 2-11-2025, eff. 3-13-2025)

Whenever the fire chief, or his or her designee, has cause to believe that there exists, or potentially exists, in or upon any premises any condition that constitutes a violation of this chapter, the fire chief, or his or her designee, may enter such premises at all reasonable times to inspect the premises related to defensible space/hazardous fuel management compliance. In the event the property owner or occupant refuses to allow entry of the fire chief, or his or her designee, after a request has been made, the town is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry pursuant to California Code of Civil Procedure section 1822.50-1822.60.

(Ord. No. 581, § 1, 11-12-2019)

Editor's note— Ord. No. 581 shall take effect thirty (30) days from its passage/adoption.

Whenever the fire chief, or his or her designee, has reasonable cause to believe that there exists on any premises any condition which constitutes a violation of this chapter, the fire chief, or his or her designee, is empowered to request owner or occupant provide records, such as but not limited to, site plans, connection agreements, operations and maintenance records, documentation of waste disposal, etc., as necessary to determine defensible space/hazardous fuel management compliance.

(Ord. No. 581, § 1, 11-12-2019)

Editor's note— Ord. No. 581 shall take effect thirty (30) days from its passage/adoption.

Any person violating a provision of this chapter shall be subject to administrative, civil, or criminal liability as provided in this chapter and in Chapter 1.09 of this Code. When relying on Chapter 1.09 of this Code, the town shall adhere to all procedures set forth therein, including, but not limited to the procedures for notice, service requirements, hearings, appeals, and issuance of citations and fines.

(Ord. No. 581, § 1, 11-12-2019)

Editor's note— Ord. No. 581 shall take effect thirty (30) days from its passage/adoption.

The fire chief, or his or her designee, is empowered to use any of the provisions of this chapter to correct violations of this chapter.

(Ord. No. 581, § 1, 11-12-2019)

Editor's note— Ord. No. 581 shall take effect thirty (30) days from its passage/adoption.

Violation of any provision of this chapter is declared to be a public nuisance. The town may, in addition to other authorized procedures set forth in this chapter, take action to abate such public nuisance in accordance with the following procedures when any person violates this chapter:

A.

The fire chief, or his or her designee, shall notify, in writing, the property owner of the public nuisance on his or her property.

B.

The notice shall be effective if it is posted at the property and mailed by certified or registered mail to the owner of record of the property on the last published assessment tax roll of the Butte County Assessor's office. The notice shall specify what constitutes the public nuisance together with an order to abate the public nuisance within a specific time period, advise the property owner of the right to an appeal hearing where the property owner may present evidence in defense, and advise the property owner that the town may assess the property for the cost of abatement.

C.

The hearing shall be requested in writing by the property owner to the town clerk within fifteen (15) business days after the date on which the notice is mailed. If the property owner fails to request an appeal hearing within such fifteen (15) business days, the abatement notice shall be final.

D.

After receiving a timely appeal, the town shall set a noticed hearing on the appeal by an impartial hearing officer. The decision of the hearing officer shall be made in writing within fourteen (14) calendar days after the hearing. The decision of the hearing officer shall be final. If the public nuisance is determined to exist, the hearing officer shall specify in his or her decision the time period to abate the public nuisance.

E.

In any event, if the public nuisance is not abated within the time specified in either the initial notice and order or the hearing officer's decision, the town may abate the public nuisance and charge the cost of the abatement, including administrative costs thereof and reasonable interest therefor, from the date of the abatement to the property owner.

F.

If the cost of abatement is not reimbursed to the town by the property owner within thirty (30) calendar days after the property owner has received notice of the costs, the town may record a lien on the property owned by the person subject to the abatement. All laws applicable to the levy, collection and enforcement of public nuisance abatement liens shall be applicable to such special assessment.

(Ord. No. 581, § 1, 11-12-2019)

Editor's note— Ord. No. 581 shall take effect thirty (30) days from its passage/adoption.

In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the town. In any such action, the town may seek, as appropriate and allowed by law, one or more of the following remedies:

A.

A temporary restraining order, preliminary and permanent injunction;

B.

Reimbursement of costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing action under this section;

C.

Costs incurred in removing, correcting, or terminating the adverse effect(s) resulting from the violation;

D.

Compensatory damages for loss or destruction of public property. Costs and damages under this subsection shall be paid to the town and shall be used exclusively for costs associated with monitoring and establishing defensible space/hazardous fuel management or enforcing the provisions of this chapter.

(Ord. No. 581, § 1, 11-12-2019)

Editor's note— Ord. No. 581 shall take effect thirty (30) days from its passage/adoption.

Any person violating any of the provisions of this chapter shall be guilty of an infraction with fines pursuant to Government Code section 36900. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such.

(Ord. No. 581, § 1, 11-12-2019)

Editor's note— Ord. No. 581 shall take effect thirty (30) days from its passage/adoption.

Each and every remedy available for the enforcement of this chapter shall be non-exclusive, and it shall be within the discretion of the town to seek cumulative remedies. Moreover, the remedies available to the town pursuant to this chapter shall not limit the right of the town to seek any other remedy that may be available at law or in equity.

(Ord. No. 581, § 1, 11-12-2019)

Editor's note— Ord. No. 581 shall take effect thirty (30) days from its passage/adoption.